How is the trusteeship of a charitable endowment, disputed between the heirs of the deceased trustee and beneficiaries of equal kinship, carried out?
A waqf is neither inherited nor does its ownership transfer to heirs. The supervisor (nazir) of the waqf is appointed by the endower (waqif), according to their stipulation. If the endower does not designate a supervisor, or if the designated supervisor dies, then the supervision falls to the judge in the Sharia court, because "the supervision of the waqf belongs to whoever the endower stipulated for it, whether from among themselves or others... otherwise, it belongs to the ruler (judge)." The questioner is advised that matters of inheritance are serious and complex, and a mere fatwa is insufficient. Rather, they must be brought before the Sharia courts for investigation and consideration.
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- Original fatwa ID
- 82385
- Imported
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- Source text, unreviewed
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